Re Ellis (2009) COP 17/11/09

The donor appointed his wife as the original attorney and then appointed his two children as substitute attorneys to act in the event that the original attorney should be unable to act. However, the donor failed to specify whether the substitute attorneys should act jointly or jointly and severally. On the application of the attorneys, the appointment of the substitute attorneys was severed. Although the decision in Re J confirmed that substitute attorneys may be appointed in an EPA, the appointment of two or more substitutes is invalid if the donor has not specified that they are to act either jointly or jointly and severally. [OPG summary - EPA case.]

Notes

The summary above was taken from the OPG website. It is listed as "Re Ellis (an order made by the Senior Judge on 17 November 2009)" under the heading "Appointment by donor of substitute attorneys".

External link

No Bailii link (no transcript)

Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).